The Alachua County Board of County Commissioners (BOCC) approved an ordinance prohibiting “Wage Theft” in Alachua County. The Wage Recovery Ordinance, Chapter 66 of the Alachua County Code, became effective on January 1, 2014.
Is My Wage Complaint Covered?
It’s Simple! Answer Yes or No to each of the 4 questions below:
- Was the work performed in Alachua County?
- Has it been 180 days or less since payment of wages was due?
- Has there been an attempt to resolve this issue with the employer?
- Does your complaint name any governmental entity (other than Alachua County BOCC)?
If you answered “Yes” to questions 1 – 3, then your complaint may be covered. If you answered “No” to questions 1 or 2 then your complaint is not covered. If you answered “Yes” to question 4 then your complaint is not covered.
If you are still unsure, please call the Alachua County Equal Opportunity Office at (352) 374-5275; or send an email to: wagerecovery@alachuacounty.us; or submit a Wage Theft Online Inquiry Form.
Filing a Wage Theft Complaint
Call, visit or email the Alachua County Equal Opportunity Office at: wagerecovery@alachuacounty.us.
You will be scheduled for an appointment to discuss the specifics of your complaint and to complete the required paperwork. Please bring any supporting documentation (such as pay stubs, timesheets, work schedules, emails, or employment agreement) to your appointment.
The Equal Opportunity Office will attempt to resolve the complaint by the agreement of both parties, a process called “conciliation”. If conciliation fails, either you or your employer can request a hearing within 15 days of receiving notice that conciliation has been rejected or failed.
Administrative Hearing Process
Alachua County will appoint a Hearing Officer (HO), who may issue subpoenas, administer oaths, compel the production of and receive evidence.
At the hearing, both the claimant and the employer will have the opportunity to present their cases. If the HO determines that a wage violation has occurred, he or she may order the employer to pay liquidated damages to the claimant of up to two times (2x) the amount of wages claimed, as well as payment of administrative costs associated with conducting the hearing, payable to the Alachua County Board of County Commissioners.
Final Orders will be sent to all parties.
If more than 180 days have passed since wages were due or for more information on Wage and Hour laws, call:
U.S. Department of Labor
Wage and Hour Division
1-866-487-9243 (toll free) or
Visit www.wagehour.dol.gov
Employer Best Practices
- Ensure that employees are paid at least the applicable minimum wage for all hours worked.
- Pay overtime premiums for all hours worked over 40 hours in a workweek, unless the employee is exempt from overtime requirements under state or federal law.
- Keep accurate employee time and payroll records, including:
- When the workweek begins
- Total hours worked each workday
- Total hours worked each workweek
- Total wages paid each pay period
- Date of payment and the pay period covered.
- Comply with recordkeeping requirements for all employees, both exempt and nonexempt.
FAQs
Yes.
Yes.
